28073. Misbranding of canned tomatoes.    U. S. v. 200 Gases of Tomatoes.    De¬
cree of condemnation.     Product released under bond to be relabeled.
(F. & D. No. 40282.    Sample No. 41079-C.)
This product fell below the standard for canned tomatoes established by 
this Department because the tomatoes did not consist of whole or large pieces; 
and it was not labeled to indicate that it was substandard.
On September 11, 1937, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 200 cases of 
canned tomatoes at New Orleans, La., alleging that the article had been 
shipped in interstate commerce on or about August 23, 1937, by Val Vita Food 
Products, Inc., of Fullerton, Calif., from Los Angeles Harbor, Calif., and charg- 
ing misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: (Can) "Val Vita Brand Tomatoes with Puree from Trimmings 
Made from "Whole Ripe Tomatoes * * * Val Vita Food Products, Inc. 
Distributors Fullerton,  California."
It was alleged to be misbranded in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture since it did not consist of whole or large pieces; and its package or 
label did not bear a plain and conspicuous statement prescribed by the Secretary 
indicating that it fell below such standard.
On October 22, 1937, Val Vita Food Products, Inc., Fullerton, Calif., claimant, 
having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released to claimant under bond condi- ( 
tioned that it be relabeled in compliance with the law.
HARRY L. BROWN, Acting Secretary of Agriculture.